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They offered a tenuous high yield lending program, that the SEC only jumped on after it collapsed from the FTX contagion. Litigation is pending afaik and depends on whether the program qualifies as a security, but the SEC has been losing ground in their optimistic claims of what they think qualifies as a security (outcome of Ripple lawsuit etc.).
Don't get me wrong, any such program is sketchy and I trust Gemini less for having offered it, but IMO it doesn't put them on the same tier as an exchange like FTX or make me think they would inject malware into software they have a connection with.
Yeah that's fair. I'd say it falls into the same boat as the argument against the CEO; they haven't done anything clearly malicious, but their bad decisions are enough to give you pause and reconsider.